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Blog Posts: May 2011

Tuesday May 31, 2011 at 10:38am
There has been much discussion about the Baby P case and Sharon Shoesmith's successful application to the Court with the ruling which in effect it reinstates her.   Compensation and legal costs in the two-year case could cost the council and the government more than £1m, although ministers have said they will seek approval from the supreme court to appeal. Although the ruling said compensation was a matter for Shoesmith and the council, it added that "it would b....
Monday May 30, 2011 at 11:48am
A professional whom I respect is Tim Kevan who has recently seen his latest book, Law and Peace published in paperback.  From a personal perspective I have worked with Tim in helping create a mediation resource for his business,Law Brief Publishing. Tim was a barrister for many years but now has writing and business interests. He has been supportive of my work. The book, which is breezy and light is Law and Peace and focuses on the trials and tribulations of barrister,....
Monday May 16, 2011 at 10:05pm
The Post Online reports that the preliminary results of a survey of mediation in commercial insurance disputes by the UK-based law firm Davies Arnold Cooper show a success rate significantly lower than the latest 75-80% reported by the Centre for Effective Dispute Resolution. More than a third of the nearly 100 initial respondents to the survey were only "sometimes" happy with settlements, with, overall, doubts about mediation's cost-effectiveness and its appropriate use and about the ....
Wednesday May 11, 2011 at 9:52am
According to the Guardian, the government is to extend its review of employment law to tighten up discrimination compensation and dilute rules protecting employees' rights when a business is transferred from one owner to another. Lib Dem minister Ed Davey will announce the new areas up for review at the Institute for Economic Affairs today as the government attempts to clear away restrictions for employees. It will consider moving on discrimination compensation and Transfer of Undertakings (Pr....
Tuesday May 10, 2011 at 9:56am
According to an XpertHR study the amount of time spent by employers resolving individual workplace conflict has increased in more than 40% of UK organisations. The most common reasons given by the employee for the individual dispute are dissatisfaction with their line manager, perceived bullying and harassment and a personality clash. This strikes me as accutate and consistent with my experience of workplace problems. What are the solutions to dealing with problems like these? 1 Bo....
Monday May 9, 2011 at 9:58pm
There is an exorable force towards the use of mediation within Court processes within the UK, Europe and beyond. Little wonder, many governments are needing to save and the appeal of using mediation is to save Court costs and government exchequers their pennies, pounds, euros and dollars. Within different areas of law, beit commercial, employment or family, we are heading to compulsion of mediation. Yet, not everyone is happy. In Italy, a new law requiring media....
Thursday May 5, 2011 at 7:01am
Acas has done a good response to the government consultation on resolving workplace disputes. As Acas observe, anecdotal information suggests that the main attraction for both employers and employees appears to be the opportunity of a “clean break”. Both parties can also often share an interest in avoiding the need to air the dispute in a public hearing. Acas also correctly observe that if a parting of the ways appears inevitable, employees may welcome the chance of an agre....
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